LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
July 19, 2022
6:00 p.m. - Regular Meeting
CALL TO ORDER AND ROLL CALL - Mayor Gennawey called the Regular City Council Meeting to order at 6:00 p.m.
Mayor Elaine Gennawey- Present
Mayor Pro Tem Sandy Rains - Present
Council Member Kelly Jennings - Present
Council Member Rischi Paul Sharma - Present
Council Member Fred Minagar - Present
CLOSED SESSION PUBLIC COMMENTS
There were no public comments on the Closed Session item.
Mayor Gennawey closed public comments on the Closed Session item.
CLOSED SESSION
Deputy City Attorney Kearns read the City Council into Closed Session.
1. PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Section 54957 of the Government Code
Title: City Manager
City Council conducted the Closed Session. Deputy City Attorney Kearns reported that no action was taken.
Mayor Gennawey recessed the meeting at 6:43 p.m.
Mayor Gennawey called the meeting back to order at 7:00 p.m.
INVOCATION - Father Patrick Moses, Saint Timothy Catholic Church PLEDGE OF ALLEGIANCE - Cub Scout Troop 700
PRESENTATIONS
Volunteer of the Month Presentation
Mayor Gennawey presented a certificate to Kindra McMahon in recognition of her services at the Animal Shelter. She thanked Kindra on behalf of the City Council for her service to the community.
City Council Regular Meeting Minutes Page 1 of 7 July 19, 2022 Recognition of Outgoing Youth Committee Members
Mayor Gennawey presented City tiles to outgoing Youth Committee Members Disha Surana, Jasion Liu, and Maeve Burdian in recognition of their time in office. She thanked them on behalf of the City Council for their service to the community and for being leaders to the youth in Laguna Niguel.
Proclamation Declaring the Month of July 2022 as "Parks Make Life Better" Month
Mayor Gennawey presented a proclamation to Parks and Recreation Director Ron Rivera declaring the month of July as "Parks Make Life Better" month. She thanked him and the Parks and Recreation staff for their service to the community.
CLOSED SESSION REPORT
Deputy City Attorney Kearns reported that no action was taken on the Closed Session item.
PUBLIC COMMENTS
There were no public comments.
Mayor Gennawey closed general Public Comments.
CONSENT CALENDAR
Consent Calendar Item No. 6 was pulled for discussion.
A MOTION was made by Mayor Pro Tem Rains, seconded by Council Member Minagar, to approve the Consent Calendar with the exception of Item No. 6.
Motion carried 5-0.
Warrants of July 5, 2022 and July 19, 2022
Approved as written.
Payroll Summary Register
Approved as written.
Investment Report as of May 31, 2022
Approved as written.
City Council Regular Meeting Minutes Page 2 of 7 July 19, 2022
4. Minutes of the Special City Council Meeting on June 21, 2022 Approved as written.
Award of Construction Contract to Gentry General Engineering, Inc. and CT&T Concrete Paving Inc. for the Citywide Concrete Infrastructure and Repairs Project, Cash Contract No. 21-12
Awarded the Construction Contract for the Citywide Concrete Infrastructure and Repairs Project, Cash Contract No. 21-12, to Gentry General Engineering, Inc. in the not-to-exceed amount of $199,000; and Authorized the City Manager to execute the Construction Contract for the Citywide Concrete Infrastructure and Repairs Project, Cash Contract No. 21-12 with Gentry General Engineering, Inc., subject to the City Attorney making non-substantive changes;
Awarded the Construction Contract for the Citywide Concrete Infrastructure and Repairs Project, Cash Contract No. 21-12, to CT&T Concrete Paving Inc. in the not-to-exceed amount of $199,000; and
4. Authorized the City Manager to execute the Construction Contract for the Citywide Concrete Infrastructure and Repairs Project, Cash Contract No. 21-12 with CT&T Concrete Paving Inc., subject to the City Attorney making non-substantive changes.
Second reading and adoption of Ordinance Nos. 2022-216 and 2022-217.
Ordinance No. 2022-216 creates a new "Mixed-Use Town Center" (MU-TC) District for the Laguna Niguel City Center Mixed-Use Project. Ordinance Nos. 2022-216 changes the zoning on the project site from "Community Commercial" (CC) and "Public/Institutional (PI)" to MU-TC District, excluding OCFA Fire Station No. 5 (to remain PI).
1. Conducted second reading, by title only, and adopted Ordinance No. 2022- 216:
ORDINANCE NO. 2022-216
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
NIGUEL, CALIFORNIA ADOPTING ZONING CODE AMENDMENT ZCA 19-01 (LAGUNA NIGUEL CITY CENTER MIXED-USE PROJECT)
Conducted second reading, by title only, and adopted Ordinance No. 2022- 217:
ORDINANCE NO. 2022-217
City Council Regular Meeting Minutes Page 3 of 7 July 19, 2022
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA ADOPTING ZONE CHANGE ZC 19-01
(LAGUNA NIGUEL CITY CENTER MIXED-USE PROJECT)
Annual Review and Adoption of the City's Investment Policy Adopted Resolution No. 2022-1401, adopting the City Investment Policy.
Designation of a Voting Delegate for the 2022 League of California Cities Annual Business Meeting
Appointed Mayor Elaine Gennawey as the Voting Delegate for the 2022 League of California Cities Annual Business Meeting on September 9, 2022.
10. Adoption of Resolution No. 2022-1402, Reaffirming and Extending the Existing Proclamation of Local Emergency as a Result of the Coastal Fire Adopted Resolution No. 2022-1402, reaffirming and extending the existing proclamation of local emergency as a result of the Coastal Fire.
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION
Approval of Amendment No. 8 to the Professional Services Agreement with Carlson Strategic Land Solutions, Inc. to Provide Environmental Consulting Services for a Residential Development Project (30667 Crown Valley Parkway)
PUBLIC COMMENTS
Cheryl Friedling spoke in opposition to the residential development project.
Jim Kozel spoke in opposition to the residential development project.
Nathan Smith spoke in opposition to the residential development project.
Sara Nuss-Galles spoke in opposition to the residential development project.
Andy Zalay spoke in opposition to the residential development project.
Mayor Gennawey closed Public Comments.
COUNCIL COMMENTS
Mayor Pro Tem Rains asked a question regarding the Environmental Impact Report (EIR) and Community Development Director Orduna clarified that this agenda item addresses increase in costs related to the EIR. Mayor Pro Tem Rains also asked for clarification on there being an opportunity for the public to comment on the EIR before moving forward with the project. Community Development Director Orduna confirmed that there will be a City Council Regular Meeting Minutes Page 4 of 7 July 19, 2022 public review period of the EIR before decisions are made on moving forward with the project.
A MOTION was made by Mayor Pro Tem Rains, seconded by Council Member Sharma to:
Approve Amendment No. 8 to the Professional Services Agreement with Carlson Strategic Land Solutions, Inc. to provide additional environmental consulting services for the proposed development of 22 residential townhomes located at 30667 Crown Valley Parkway for a total not to exceed amount of $23,216.50;
Approve a not-to-exceed 10% contingency of the total contract amendment with callson Strategic and solutions. Inc. in the amount of 82.321.65, if Recognize Planning (Department 21) Professional Services Revenue of $23,216.50 and appropriate $23,216.50 to the Planning (Department 21) Professional Services Expenditure Account for Fiscal Year 2022-2023; and,
4. Authorize the City Manager to execute Amendment No. 8 to the Professional Services Agreement between the City and Carlson Strategic Land Solutions, Inc., subject to the City Attorney making non-substantive changes.
Motion carried 5-0.
PUBLIC HEARING
Introduction of Ordinance No. 2022-218, Amending Title 7, Highways, Rights- of-Way, and Vehicles, of the Laguna Niguel Municipal Code Contract Planner Gregg provided a report and PowerPoint presentation entitled Public Rights or Way: Michael Johnston, the City retained lega expert wireless communications, also provided a report.
Discussion continued between Contract Planner Gregg, Mr. Johnston, and Council Members.
Council Member Sharma asked questions regarding the language regarding recurring fees and directed that language be added to clarify that recurring fees are cost-based. He also asked questions relative to language regarding aesthetics, acoustic analysis, location preferences, delinquent payments, and modification of equipment. Mr. Johnston and Contract Planner Gregg provided clarification.
Council Member Minagar spoke in favor of approving this item.
City Council Regular Meeting Minutes Page 5 of 7 July 19, 2022 Mayor Gennawey opened the Public Hearing at 8:05 p.m.
There were no public comments.
Mayor Gennawey closed the Public Hearing at 8:05 p.m.
A MOTION was made by Council Member Sharma, seconded by Council Member Minagar to:
1. Waive full reading, add language regarding recurring fees, and introduce Ordinance No. 2022-218 by title:
ORDINANCE NO. 2022-218
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
NIGUEL AMENDING TITLE 7 OF THE LAGUNA NIGUEL MUNICIPAL
CODE, ESTABLISHING REGULATIONS FOR COMMUNICATION
FACILITIES IN THE PUBLIC RIGHTS-OF-WAY, AND FINDING THIS
ORDINANCE TO BE EXEMPT UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
2. Direct that the proposed Ordinance, with any changes to it, be placed on the agenda for the August 2, 2022 City Council Meeting and adopt the Ordinance at that meeting;
3. Adopt Resolution No. 2022-1403, Adopting a Policy Regarding Permitting Requirements and Development Standards for Communication Facilities Within the Public Rights-of-Way; delete Section 2.3(d) from Exhibit A; and,
4. Adopt Resolution No. 2022-1404, Establishing and Adopting Fees and Charges for Communication Facilities in the Public Rights-of-Way.
Motion carried 5-0.
OTHER BUSINESS/COUNCIL REPORTS
Council Reports
Council Member Minagar provided a report on his attendance at various regional meetings.
Mayor Pro Tem Rains provided a report on her attendance at the Military Support Committee meeting and the Operation Baby Shower event. She informed everyone about the "Taste for the Troops" event on October 20th and encouraged anyone interested in volunteering for the event to sign up. She thanked the Public Works Department for their efforts and recommended looking into trail maintenance for future projects.
Council Member Sharma thanked residents who spoke on Consent Calendar Item No. 6.
City Council Regular Meeting Minutes Page 6 of 7 July 19, 2022 He also expressed condolences to Mayor Pro Tem Rains regarding the passing of her father-in-law.
Council Member Jennings expressed condolences to Mayor Pro Tem Rains regarding the passing of her father-in-law. She thanked the Parks and Recreation staff and Laguna Niguel Police Services Department for their efforts in serving the community.
Mayor Gennawey provided a summary on agenda items approved at the meeting. She encouraged everyone to take part in the City's summer events. She expresse condolences to Mayor Pro Tem Rains regarding the passing of her father-in-law City Manager Report/Department Reports
Parks and Recreation Director Rivera provided a report on the festival in August.
ADJOURNMENT
Mayor Gennawey adjourned the Regular City Council Meeting at 8:17 p.m.
Respectfully submitted,
Marissa J. Asistin
City Clerk
City Council Regular Meeting Minutes Page 7 of 7 July 19, 2022
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Special City Council Meeting
July 20, 2022 - 5:00 p.m.
CALL TO ORDER - Mayor Gennawey called the Special City Council meeting on July 20, 2022, to order at 5:00 p.m.
ROLL CALL
Mayor Elaine Gennawey - Present
Mayor Pro Tem Sandy Rains - Present
Council Member Kelly Jennings - Present
Council Member Fred Minagar - Present
Council Member Rischi Paul Sharma - Present
PLEDGE OF ALLEGIANCE - Mayor Pro Tem Rains
PUBLIC COMMENTS
There were no public comments.
CLOSED SESSION
Following City Manager Letourneau's announcement of the Closed Session, City Council recessed to closed session for discussion on the following matters:
PUBLIC EMPLOYMENT
Pursuant to Section 54957(b)(1) of the Government Code
Title: City Attorney
PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Section 54957(b)(1) of the Government Code
City Council reconvened at 5:52 p.m.
CLOSED SESSION REPORT
City Manager Letourneau reported that City Council directed staff to prepare an agenda item for approval at the City Council meeting of August 2, 2022, to appoint Mr. Nicholas Ghirelli of Richards, Watson & Gershon (RWG) to serve as Interim City Attorney and to issue a Request for Proposal (RFP) for a permanent City Attorney.
ADJOURNMENT
Mayor Gennawey adjourned the meeting at 5:53 p.m.
City Council Special Minutes Page 1 of 2 July 20, 2022
Respectfully submitted by:
Marissa J. Asistin
City Clerk
City Council Special Minutes Page 2 of 2 July 20, 2022